TERMS OF USE/PRIVACY POLICY
TERMS OF USE
Welcome to alliedesports.gg. This is the main website for Allied Esports International, Inc. (“Allied Esports”). Allied Esports also owns and maintains separate-linked webpages for its products and services, all of which can accessed through its owned and/or operated sites, including, but not limited to, hyperxarenalasvegas.com and epicbeast.io (together, the “Sites”). These Terms of Use (“Terms”) govern your use of the Sites and the purchase of the products and services on the Site and supersede any prior agreement between you and Allied Esports.
Binding Contract
THIS IS A BINDING CONTRACT BETWEEN YOU AND ALLIED ESPORTS. BY ACCESSING AND USING THE SITES AND/OR PURCHASING THE PRODUCTS AND SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND THE ALLIED ESPORTS PRIVACY POLICY LOCATED AT www.alliedesports.gg/privacy-policy AND INCORPORATED HEREIN. YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITES OR ANY OF THE FEATURES OR PRODUCTS AVAILABLE THROUGH THE SITES UNLESS YOU AGREE TO THESE TERMS. PLEASE READ THEM CAREFULLY. YOU SHALL NOT USE THE SITES UNTIL YOU HAVE READ THESE TERMS AND SIGNIFIED YOUR ACCEPTANCE OF THEM. YOUR USE OF THE SITES CONSTITUTES ACCEPTANCE OF THESE TERMS.
Allied Esports may periodically modify the Terms without notice. Changes to the Terms will be effective (a) thirty (30) days after Allied Esports provides you with email notice of the changes or (b) the date on which they are posted on the Sites. If you do not agree to any change to the Terms, you must cease use of the Sites. Your continued access and use of any of the Sites signifies your acceptance of the Terms as modified.
Allied Esports may terminate your use of the Sites and its contract with you if you do not comply with these Terms.
ANY DISPUTE BETWEEN YOU AND ALLIED ESPORTS MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION, AS MORE FULLY DESCRIBED BELOW.
Allied Esports Products and Services
The Sites provide you with the ability to access various Allied Esports products, content and services. From the Sites you can learn about upcoming Allied Esports events and promotions, and other information relating to Allied Esports. All of the products, content and services accessible through the Sites are for your personal, non-commercial use only and your access to and use of them are subject to these Terms.
The products, content, and services available through the Sites are subject to change and, in some cases, may be subject to additional terms of use. For example, additional terms apply to contests and software accessible through the Sites. Allied Esports will notify you of these "Supplemental Terms" in connection with the applicable product, service, or contest.
Some of the features of the Sites require you to create a user profile or user account and some require you to pay a subscription or other fee. Allied Esports will notify you when this is required. In addition, when you access the Sites through a mobile network, your mobile network provider's messaging, data and other fees may apply.
Third Party Products/Services and Websites
In addition to Allied Esports products and services, the Sites may provide you with the ability to access products, content, and services offered by or maintained by third parties. In some cases, these may be accessible directly through the Sites. In others, access may be via links from the Sites to third party websites. Regardless, Allied Esports is not responsible for the products, content or services available from third parties - even if they are provided through the Sites - or for how third party sites are managed or the terms applicable to your use of them. Your access to and use of these third party materials and websites is governed by the terms established by their owners/operators. You are responsible for reading those terms before you access or use the third party products or websites. Allied Esports accepts no responsibility for any third party materials or websites or for any losses or damages that may arise from your use of them. If you decide to access or use any third party materials or websites, you do so exclusively at your own responsibility and risk and you waive and release Allied Esports and its parent and subsidiary companies from all claims associated with them.
Third Party Service Providers
You acknowledge that Allied Esports contracts with third party suppliers, licensors, developers, application and data hosting providers, wireless network services, payment processers, and other technology services providers to provide the Sites’ functionality ("Third Party Providers"). For example, all user data and user content is stored at computer data centers operated and maintained by Third Party Providers. Allied Esports is responsible for ensuring that the Third-Party Providers abide by these Terms. Allied Esports is solely responsible for monitoring and supervising all necessary work of the Third-Party Providers.
Proprietary Rights and License
All of the products, content and services available through the Sites are protected by copyright owned by Allied Esports or its licensors or licensees. This includes all products, product descriptions, all types of information such as the "look and feel" of the Sites, videos, text, graphics, logos, images, photographs, artwork, derivative works, software, and any other material or information published on or used in connection with the Sites (collectively, the “Site Content”). Similarly, all trademarks, service marks, trade names, trade dress and other indicia identifying the Sites, Allied Esports or the products or services available through the Sites (collectively, the "Marks") are owned by Allied Esports or its licensors or licensees. You do not obtain any rights in any of the products, content, or services available on the Sites or other Site Content or the Marks by your use of the Sites or otherwise. However, so long as you comply with these Terms, you do receive a limited license to use them as provided below. All rights in the products, content or services and other Site Content and Marks are reserved to their respective owners. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the products, the Site Content, the Sites or the information provided therein.
Subject to these Terms, Allied Esports grants you a personal, revocable, non-transferable, and non-exclusive limited license to access and use the Sites for your own personal, noncommercial use. This license includes the right to (a) copy and download materials from the Sites as needed for you to view them through your browser and (b) print screen shots of products, product descriptions, and similar materials for your personal reference use, provided you do not delete or modify any copyright or other proprietary notices. Allied Esports may terminate this license upon notice to you, in which case you must cease all use of the licensed materials. Except as otherwise expressly permitted, you are not permitted to make any other use of the Sites or the Site Content.
In addition to the above license, the Supplemental Terms may contain license terms for some products, content and services may have their own license terms. For example, videos, software, and games will all have their own license terms which are in addition to these Terms.
License Restrictions
As above, the license granted to you by Allied Esports is limited. It is also subject to certain restrictions. Unless Allied Esports give you express written authority, you may not (a) resell any of the products, content or services or any other Site Content (or any portion thereof) on the Sites; (b) distribute, disclose, publicly perform, or publicly display any of the above; or (c) modify or make any derivative uses of the Sites or the Site Content (or any portion thereof).
In addition, under no case are you (nor shall you assist any third party to) permitted to:
decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or derive any source code (or underlying ideas, algorithms, structure or organization) from the Sites, or from any other information by any means whatsoever;
allow use of any of the software in any format through any timesharing device, service bureau, network or by any other means, to or by any third party;
use any data mining, scraper, spider robots, or similar data gathering or extraction methods to access, monitor, or copy any Site Content or other content or information used by the Sites;
violate the restrictions in any robot exclusion headers on the Sites or circumvent any other measures used to prevent or limit access to the Sites;
take any action that imposes, or may impose, in Allied Esports’ sole discretion, an unreasonable or disproportionately large load on its infrastructure;
engage in deep-linking to any portion of the Sites for any purpose;
“frame”, “mirror” or otherwise incorporate any part of the Sites into any other web site;
use the Sites or the Site Content other than for their intended purpose;
post content to the Sites in violation of the Terms; or
violate any of Allied Esports’ applicable community guidelines.
Any use of the Sites or Site Content other than as expressly permitted by these Terms will constitute a violation of the Terms and may constitute infringement of Allied Esports’ intellectual property and other proprietary rights and a violation of applicable law.
User Information
In the course of your use of the Sites, you may be asked to provide certain personalized information to us (such information referred to hereinafter as "User Information"). Allied Esports’ policies for collecting, using and protecting User Information are set forth in the
Allied Esports Privacy Policy at www.alliedesports.gg/privacy-policy, which is part of these Terms. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.
Creating an Account
Allied Esports offers a variety of products, content and services through the Sites. Some of these are available without charge and others require you to pay a fee. Allied Esports will notify you in advance if a fee is required.
However, many of the features available through the Sites require you to set up an account ("User Account" or “Account”) to access them. When you set up a User Account, you will be asked to provide certain information about yourself, including your name, email address, and other information. You will also be asked to select a unique password for your Account, and you agree that you are solely responsible for maintaining the confidentiality of the password. You may use your Account to update, revise or delete your Registration Data (as defined below); purchase products; and otherwise manage your orders and use of and interaction with the Sites. You shall be solely responsible for the security, confidentiality and integrity of all messages and the information that you receive, transmit or store via the Sites and/or User Account. By registering for an Account, you agree (a) to provide accurate and current information about you as may be required during the registration process (“Registration Data”); (b) not to impersonate or misrepresent your affiliation with any person or entity or use another person's username, password or other account information, or provide false details for a parent or guardian; (c) to maintain the security of your Account password and identification; (d) to maintain and promptly update the Registration Data, and any other information you provide to Allied Esports, to keep it accurate and current; (d) to accept all risks of unauthorized access to the Registration Data and any other information you provide to Allied Esports; and (e) to notify Allied Esports immediately of any unauthorized use of your account or any other breach of security by emailing us at privacy@esportsallied.com.
By setting up an Account, you represent and warrant that:
all the information you submit for your Account is true and accurate;
you are at least 18 years of age;
you have reviewed these Terms; and
you are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms, and to abide and comply with them.
Allied Esports may suspend or terminate your Account at any time, for any reason, and without advance notice at Allied Esports’ sole discretion and without any liability to you. If Allied Esports suspends or terminates your Account or these Terms, you understand and agree that (except as otherwise expressly provided) you shall receive no refund or exchange for any unused subscription, any license or subscription fees, any content or data associated with your Account, or for anything else.
Purchasing Allied Esports Products
Some of the Sites require you to set up a User Account in order to purchase related Allied Esports products.
All purchases from the Sites are subject to these Terms and Allied Esports’ applicable policies for cancellations, replacements, shipping, pricing, and payments, and hereby incorporated into these Terms. In addition, some purchases are subject to individual purchase terms and instructions, which are listed on the applicable product page(s). Before making any purchase, you should be sure to read the Terms AND the terms on the Site’s shopping cart or final sales page carefully. In the event of a conflict between the general purchase terms here and the individual purchase terms, the individual purchase terms will govern.
Allied Esports attempts to ensure that the content, product descriptions, prices, and other information on the Sites are as accurate as possible. However, Allied Esports does not warrant or guarantee that any information on the Sites is accurate, complete, or error-free, and Allied Esports undertakes no commitment or obligation to update any content, product descriptions, or other information on the Sites. Allied Esports may at any time change the contents, product descriptions, or other information on the Sites, and/or any aspect of the
Sites, without prior notice. Allied Esports also reserves the right to limit quantities of any Allied Esports product or service purchased by any individual customer, and to revise, suspend, or terminate any special event, promotion, or special offer at any time and without advance notice, at Allied Esports’ sole discretion.
You acknowledge that Allied Esports is the owner or authorized reseller of the products. Products are sold “AS IS” and “AS AVAILABLE.” Allied Esports reserves the right to not sell products to you if you request delivery to a country that is at war, or subject to another force majeure event, or that is currently under sanctions by the United Nations or sanctions or an embargo by the United States. All products are sold pursuant to a shipment contract and that means that risk of loss and title for such products passes to you upon Allied Esports’ delivery to the carrier.
As to products and services that may be featured on the Sites, Allied Esports makes every effort to display as accurately as possible such products and services. However, the colors, dimensions, and details that you see on your computer monitor may vary depending on your equipment. Allied Esports cannot guarantee that your equipment will accurately display the details of its Products.
By purchasing products, content or services through the Sites, you agree to comply with all of the Terms. You also represent that you are 18 years of age or older. If a purchase is made by a minor, Allied Esports is under no obligation to offer a refund but may do so at its discretion.
Digital Content and Virtual Items
Some of the Sites make available digital content for download (e.g., www.epicbeast.io) as well as virtual items (Avatars, Badges, etc.) for use within the Sites. When you purchase these items, you are purchasing a limited access license to use them. This license gives you the right to download the content (or, in the case of virtual items, to access and use them within the Sites) for your personal, non-commercial, use only and the license is not transferrable. The charge for the license may be in the form of a one-time license fee or it may be a recurring fee, depending on the item. Allied Esports will advise you of the specific purchase terms before you complete the license purchase. Digital content may require specific software or hardware in order for you to use it and these requirements are noted on the Sites in connection with those products. You are responsible for providing, maintaining, and ensuring compatibility with the Sites access requirements, all software, hardware, electrical or other physical requirements for your use of the Sites, including without limitation mobile devices, telecommunications and Internet service provider access, connections, links, web browsers or other equipment, programs and services required to access the Internet or the Sites (collectively “Access Requirements”). Digital content and virtual items may not be returned or refunded and virtual items, may only be used within the Sites, and Allied Esports may modify or discontinue them at any time.
You acknowledge and agree that from time to time the Sites may be inaccessible or inoperable for any reason, including without limitation: (i) equipment malfunctions, (ii) periodic maintenance procedures or repairs; or (iii) other causes beyond Allied Esports’ control. Additionally, because the Sites are accessed via the Internet or a mobile carrier, you may have connection issues due solely to your own Internet or telecommunications service provider or other technological access requirements. Allied Esports is not responsible for any third-party access requirements (e.g., your ISP).
Software and Apps
Allied Esports may make software and mobile apps available for purchase from the Sites or via links to app stores such as iTunes and Google Play. Like digital content, software and mobile apps are licensed, not sold, and may be available without purchase, for a one-time fee, or a recurring fee. Allied Esports will advise you of the Supplemental Terms of the license and any fees prior to purchase. If software is provided to you on physical media, you will own the media on which it is provided, but Allied Esports retains all intellectual property rights in the software itself. You are responsible for confirming that the device on which you will install the software meets the software and hardware and other Access Requirements necessary for you to use the software.
Allied Esports Collectibles
You can also purchase Allied Esports collectible items from the Sites. When you purchase these items, Allied Esports ships them to you according to Allied Esports’ applicable payment, shipping and return policies. Unlike digital content and software, when you purchase Allied Esports collectibles, you own the physical item. But, like software and other products for which you may purchase a license, you do not obtain any rights in any of the intellectual property embodied in these items. Allied Esports retains all copyright, trademark, trade dress and other rights in them and your use of them is subject to Allied Esports’ retained rights.
Social and Community Features
Allied Esports may offer various community features on the Sites, such as message or bulletin boards, forums, and chat rooms. Access to these features may be subject to age restrictions. Unless otherwise expressly stated by Allied Esports, it will not assume any obligation to monitor, filter, censor, edit, or regulate information or content provided by you or third parties through these social features, although Allied Esports reserves the right to do so in its sole discretion. Allied Esports does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by users or other third parties.
As to any information or content that you submit or post to the Sites, you represent and warrant that you have the right and authorization to do so without the need for additional permissions or consent of any third party. In addition to any other rules, guidelines or regulations that Allied Esports may post in connection with a particular service or feature, you agree that you shall not do any of the following in or through the Sites:
Upload, post, transmit (via e-mail, e-card, chat or otherwise), or otherwise make available any content, language or materials that are fraudulent, unlawful, defamatory, obscene, pornographic, vulgar, offensive, profane, sexually explicit, indecent, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper, or that violates any applicable domestic or international law, or government regulation (including, without limitation, those of any state, foreign country, securities exchange, the S.E.C., and the F.C.C.) or that contains software viruses, worms, or any other computer code or portions of code, programs, or files designed to interfere with, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications or other equipment or to cause a security breach of such software, hardware, or other equipment; Upload, post, transmit (i.e., via e-mail, e-card, chat or otherwise), or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of commercial or political solicitation, except in those areas of the Sites that Allied Esports may expressly designate for such purposes;
Engage in or run raffles, lotteries, contests, sweepstakes, or chain letters or other pyramid schemes;
Disguise the origin of any content uploaded to, posted on, transmitted, or otherwise made available on or through the Sites, including, without limitation, by forging headers, providing inaccurate intellectual property notices, or otherwise manipulating identifiers;
Modify, obscure, or eliminate the Allied Esports frame set, banner advertising, or any other content or information that originates from the Sites;
Promote, encourage or provide instructions or information about how to engage in illegal conduct or commit illegal activities, promote physical harm or bodily injury, or promote any illegal act of cruelty to animals;
Collect or harvest screen names, collect or store personal data about other users, or solicit or attempt to discover a user's password, screen name, or other registration information without the user's express knowledge and consent;
Interfere with or disrupt the Sites or any services or features thereon, or servers or networks connected to the Sites, or violate any requirements, policies, regulations, or procedures of networks connected to the Sites;
Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Sites are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
Provide links to websites, networks, content, or resources that themselves violate the letter or spirit of the Terms, or promote the violation of these Terms or make available tools or information whose primary use constitutes a violation of the letter or spirit of these Terms;
Use your web pages or other personal features or areas of the Sites as storage for remote loading or as a door or signpost to another web page, whether inside or outside the Sites; or
Interfere with the operation or design of any elements that Allied Esports may add to users' pages or other personal features or areas of the Sites, including, without limitation, toolbars, advertising banners, watermarks, logos, or other messages of any kind.
Allied Esports reserves the right, in its sole discretion, to adopt and post additional rules in any social or community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with Allied Esports’ criteria or rules at any time, and to change or modify the criteria or rules at any time. Allied Esports also reserves the right (but does not assume any obligation), in its sole discretion, to delete any postings, messages or other content on the Sites that violate these Terms and to deny access by any user to the Sites.
NOTICE: The information and content you submit through a social feature, such as a chat service, may be recorded and stored in multiple places, both on the Sites and elsewhere on the Internet, which are likely to be accessible for a long time, and you have no control over who will read them. If you elect to participate in a feature that enables you to correspond with other participants of the service, some of your account information and other materials that you provide, such as your username, may be shared with other participants. You alone are responsible for the content and consequences of any of your messages or other materials submitted to the Sites or through these social features. Because of the anonymity provided by usernames, you may not know at all times with whom you are interacting through these features. It is therefore important that you are careful and selective about the information that you disclose about yourself and others, and in particular, you should not disclose any sensitive, personal, proprietary or confidential information in your messages, comments or posts to Allied Esports’ public or community features. ALSO, WHEN USING SUCH FEATURES, DO NOT DISCLOSE YOUR PERSONAL INFORMATION (SUCH AS YOUR REAL NAME, PHONE NUMBER, ADDRESS OR OTHER INFORMATION THAT WOULD ENABLE OTHERS TO IDENTIFY OR LOCATE YOU, EITHER ONLINE OR OFFLINE).
While using the social and community features on the Sites, you may be exposed to content of other users with which you may disagree or that you may find offensive, indecent, or objectionable, or that is inaccurate, misleading, or illegal. You expressly assume and agree to bear any and all risks associated with the use of any such content and your exposure to any such content, including any reliance by you on the accuracy, integrity, usefulness, or completeness of such content. Allied Esports will not be liable, and disclaims all liability, in connection with any harm, loss, or damages of any amount or type arising from your access to, or use of, the services or any content posted to, downloaded from, or otherwise made available through the Sites, whether that content is posted to, downloaded from, or otherwise made available through the Sites by Allied Esports, you, another user, or any other third party.
Allied Esports encourages you to report any suspected violations of these Terms or any other additional rules posted in connection with such activity or service, in particular as they relate to inappropriate behavior or activity in its chat services and other community features. You may contact Allied Esports to report violations at privacy@esportsallied.com.
Allied Esports reserves the right, but not the obligation, to investigate and take appropriate legal action in its sole discretion against anyone who it believes violates these Terms, including without limitation, removing the offending communication in whole or in part from the Sites, suspending or terminating the membership of such violators and/or suspending or terminating their right to use and access the Sites.
User Generated Content
Allied Esports may allow you to submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Generated Content”) through the Sites. All submissions must comply with the rules above for Social and Community Features.
Allied Esports does not claim ownership to your User Generated Content; however, you grant Allied Esports a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these terms. You agree to indemnify and hold Allied Esports and its parent, subsidiary, and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with Allied Esports’ use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against Allied Esports, its licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that Allied Esports authorizes you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of Allied Esports copyrighted works, Allied Esports grants you a non-exclusive license to create a derivative work using Allied Esports’ copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to Allied Esports of all rights in the work you create. If such rights are not assigned to Allied Esports, your license to create derivative works using Allied Esports’ copyrighted works shall be null and void.
Communications with Allied Esports
Allied Esports likes to hear from you. However, in your communications with Allied Esports, please keep in mind that, unless it specifically requests them, Allied Esports does not solicit or wish to receive any confidential, secret or proprietary information or other material from you through the Sites, by e-mail or in any other way, and Allied Esports does not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters.
Any such submissions, materials, content, information, creative works, demos, ideas, questions, comments, answers, suggestions, concepts, methods, systems, designs, plans, techniques or the like submitted to Allied Esports via the Sites, mail, e-mail or otherwise, or transmitted, posted, or uploaded by you to the Sites, including User Generated Content (collectively, "Your Submissions") will be treated as non-confidential and nonproprietary, except to the extent set forth in the Allied Esports Privacy Policy at www.alliedesports.gg/privacy-policy, and Allied Esports will not assume any responsibility, obligation, or liability for them or for Allied Esports’ receipt or non-receipt of them. If any other information you submit constitutes personal data, you agree that Allied Esports and its affiliates may transmit such personal data, including, if necessary, across international boundaries, as required to provide its products, services, or the Sites. Allied Esports may delete or destroy Your Submissions at any time. Allied Esports’ receipt of Your Submissions is not an admission by Allied Esports of their novelty, priority, or originality, and it does not impair Allied Esports’ right to contest existing or future intellectual property rights relating to Your Submissions.
By submitting or sending Your Submissions to Allied Esports, you grant Allied Esports a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully transferable, assignable and sublicensable right and license to copy, reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by Allied Esports under these Terms, do not and will not infringe any right of any third party.
Email Contacts
By creating a User Account or sending e-mail to Allied Esports, you consent to receive email communications from us. Furthermore, you agree that all agreements, notices, disclosures, and other communications that Allied Esports provides to you electronically, via the Sites or otherwise, satisfy any legal requirement that such communications be in writing to the maximum extent permitted by law.
SMS Messaging
If you elect to receive marketing text messages from Allied Esports, either via the Sites or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional text messages from Allied Esports (each, a “Text Message”) sent through an automatic telephone dialing system. Message frequency varies. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from Allied Esports at any time by replying “STOP” to any Text Message you receive from Allied Esports. For help, reply “HELP” to any Text Message you receive from Allied Esports. In addition to any fee of which you
are notified, your mobile provider’s message and data rates may apply to any Text Messages Allied Esports sends you. Under no circumstances will Allied Esports or its affiliates be responsible for any messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit Text Messages, you may not receive the Text Messages. Neither Allied Esports nor the wireless carriers will be liable for any delays in the receipt of, or failure to deliver, any
Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. Allied Esports may use this information in accordance with its Privacy Policy to contact you and to provide the services you request from Allied Esports. For more information on how Allied Esports uses telephone numbers, please read its Privacy Policy. If you change or deactivate the phone number you provided, you have an affirmative obligation to update the phone number(s) attached to your User Account to prevent Allied Esports from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your User Account may receive Allied Esports’ standard marketing Text Messages unless you unsubscribe via the above procedures.
Investigations
Allied Esports reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of security for the Sites or its information technology or other systems or networks, (b) investigate any suspected breaches of these Terms or violations of any additional terms, conditions and rules posted in connection with a particular service or feature on the Sites, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of these Terms to the full extent of the law, (e) delete or modify any content on the Sites, including any materials or items you may have acquired through your use of the Sites, and (f) discontinue any of the Sites or terminate your access to them at any time, without notice, for any reason and without any obligation to you whatsoever.
Privacy
Allied Esports will protect the privacy of the information provided in your User Account in accordance with the Allied Esports Privacy Policy at www.alliedesports.gg/privacy-policy.
Notice to International Visitors
The Sites and the servers that make them available are located in the United States of America. If you reside in another country, these Terms may conflict with the laws of your country. In the event of such a conflict, these Terms will govern to the extent that they are valid and enforceable under applicable United States laws.
Allied Esports makes no representation that the Sites are appropriate or available for use beyond the United States of America. If you use the Sites from other locations, you are responsible for compliance with applicable local laws. Although Allied Esports products and services are available in many parts of the world, the Sites may describe products and services that are available only in the United States of America and are not available worldwide.
You agree that you will not use the Sites for activities prohibited by any applicable state, federal, or other country’s laws, rules or regulations. You represent and warrant that: (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Banners, Advertisements and Promotions
Allied Esports reserves the right to post banners, advertisements, promotions, and similar content throughout the Sites. Allied Esports may also allow advertisers and corporate partners to post content on the Sites. This content may be targeted to users based on information they provide through use of the Sites or other information. Allied Esports does not control, endorse or adopt any such activity and it makes no representation or warranties of any kind regarding it. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through the Sites (including via the linked third-party sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). Allied Esports disclaims all liability in connection with them.
Links to Other Sites
The Sites may contain links to or from third-party sites ("Linked Sites"), including, without limitation, sites operated by advertisers, licensors, licensees, and promotional and business partners. Allied Esports has no control over the content of Linked Sites, and Allied Esports does not assume any obligation to review any Linked Sites. Allied Esports does not endorse, approve, or sponsor any Linked Sites, or any content, advertising, information, materials, products, services, or other items on or available on or from them, and Allied Esports disclaims all liability in connection therewith. Any activity you engage in connection with a Linked Site is subject to the privacy policy, conditions of use, and other terms imposed by the operator of the Linked Site and Allied Esports disclaims all liability in connection therewith.
Contests and Promotions
Competitions that you enter through the Sites may have Supplemental Terms, but the following general rules apply unless otherwise provided.
Entries
Your competition entry is User Generated Content and subject to all provisions of these Terms. Allied Esports may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental consent was not provided.
Competition entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. Use of automated entries, votes or other programs is prohibited, and all such entries (or votes) will be disqualified.
Allied Esports reserves the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice.
Eligibility
To enter a competition, you must have a valid User Account with current contact information. No purchase is necessary to enter a competition and a purchase will not improve your chances of winning. Competitions are not open to Allied Esports’ employees (or their immediate families) or anyone else professionally associated with the competition. If you are under age 18 (or the age of majority under applicable law) and the competition is open to you, Allied Esports may need your parent or guardian’s consent before it can accept your entry. Allied Esports reserves the right to request proof of identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person. Competitions are void where prohibited or restricted by law. Potential winners who are residents in jurisdictions where competitions require an element of skill may be required to answer a mathematical test in order to be eligible to win a prize.
Prizes
No cash or alternative prizes are available, except that Allied Esports reserves the right to substitute a similar prize of equal or greater value. Prizes cannot be transferred or sold by winners. All prizes will be awarded provided a sufficient number of eligible entries are received and prizes are validly claimed by the date provided. Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming a prize. All taxes are solely the responsibility of each winner, although Allied Esports reserves the right to withhold applicable taxes and each winner agrees to complete any required tax forms.
Publicity
Your acceptance of a prize constitutes your agreement to participate in reasonable publicity related to the competition and grants Allied Esports an unconditional right to us to use your name, town or city and state, province or country, likeness, prize information and statements by you about the competition for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation. As a condition of receiving a prize, winners (or their parents or guardians) may be required to sign and return an affidavit of eligibility, liability release and publicity release.
Copyright Claims
Allied Esports will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via the Sites, then send Allied Esports a written notice that includes all of the following:
a legend or subject line that says: "DMCA Copyright Infringement Notice";
a description of the copyrighted work that you claim has been infringed;
the URL of the site and a description of where the material that you claim is infringing is located on that site;
your address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
your electronic or physical signature.
Allied Esports will only receive DMCA notices by mail or e-mail directed to Allied Esports’ Designated Agent at the addresses below:
By Mail:
Allied Esports International, Inc.
Attention: Legal Department
11035 Lavender Hill Drive, Suite 160 PMB 632
Las Vegas, Nevada 89135 USA
By E-Mail: privacy@esportsallied.com.
Allied Esports may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and Allied Esports may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the above.
Warranty Disclaimers and Waiver
The information provided through the Sites is believed to be accurate, but neither Allied Esports or its third party providers warrant or guarantee such accuracy. THE CONTENT AND THE PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION ALL PRICES AND SPECIFICATIONS FOR PRODUCTS AND SERVICES, PROVIDED THROUGH THE SITES ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE SITES, AND ALL SITE CONTENT, ALLIED ESPORTS PRODUCTS AND SERVICES, AND OTHER MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. YOU ACKNOWLEDGE AND AGREE THAT ALLIED ESPORTS HAS NO OBLIGATION FOR ANY ERRORS (E.G. TYPOGRAPHICAL ERRORS) AND DOES NOT WARRANT THAT THE SITES OR THE SITE CONTENT ARE ERROR-FREE. ALLIED ESPORTS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS WITH REGARD TO THE PRODUCTS AND SERVICES SOLD, THE CONTENT, AND THE SITES. ALLIED ESPORTS ALSO DISCLAIMS ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, COMPATIBILITY, AND PERFORMANCE OF THE SITES AND INFORMATION THEREON. ALLIED ESPORTS FURTHER DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH ANY CONTENT ON THE SITES. FINALLY, ALLIED ESPORTS DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITES OR IN CONNECTION WITH THE SITES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITES. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST ALLIED ESPORTS, ITS PARENT, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WITH RESPECT TO THE SITES, ANY CONTENT ON THE SITES, AND ANY ALLIED ESPORTS PRODUCTS AND/OR SERVICES, AS WELL AS ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION).
Some jurisdictions do not allow the exclusion of implied warranties. In such event, this exclusion may not apply to you to the extent the laws of such jurisdiction prohibit the exclusion such implied warranties.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALLIED ESPORTS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY AND ALL DAMAGES, CLAIMS, OR CAUSES, SUCH AS, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, BREACH OF CONTRACT DAMAGES, LOSS OF PROFITS, LOSS OF GOOD WILL OR REPUTATION, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE OR PERFORMANCE OF THE SITES, PRODUCTS, SERVICES, OR CONTENT, WITH THE DELAY OR INABILITY TO USE THE SITES, OR WITH THE PROVISION OF OR FAILURE TO MAKE AVAILABLE THE SITES, PRODUCTS, SERVICES, OR THE CONTENT, OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF ALLIED ESPORTS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITES, YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ALLIED ESPORTS WITH RESPECT TO THESE TERMS OR THE SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES. The exclusion of damages under this section is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Allied Esports shall be liable only to the extent of verifiable, actual damages, incurred by you directly related to the paid for products or services; provided, in any event, Allied Esports’ aggregate liability shall not exceed USD $100. Any claims arising in connection with your use of the Sites, any Site Content or the products and services must be brought within one (1) year of the date of the cause of action arose.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WITH ANY OF ALLIED ESPORTS’ THIRD PARTY PROVIDERS, AND THAT YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN ALLIED ESPORTS AND ANY THIRD PARTY PROVIDER. IN ADDITION, YOU ACKNOWLEDGE THAT ALL SUCH THIRD PARTY PROVIDERS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO ANY USER, AND YOU HEREBY WAIVE AND DISCLAIM ANY AND ALL CLAIMS OR DEMANDS OF SUCH NATURE. YOU ACKNOWLEDGE AND AGREE THAT ANY THIRD PARTY PROVIDERS HAVE NO OBLIGATION FOR ANY WARRANTY, EXPRESS OR IMPLIED OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIESOF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCTS, SERVICES, AND/OR INFORMATION PROVIDED UNDER THE SITES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SUCH THIRD PARTY PROVIDERS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHALL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE PRODUCTS, SERVICES AND/OR CONTENT PROVIDED, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE SOLELY AS PERMITTED UNDER THESE TERMS.
Bargained For Basis
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THESE TERMS AND NEITHER THE SITES, THE CONTENT, NOR THE PRODUCTS OR SERVICES, WOULD BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS OF LIABILITY.
Force Majeure
Without limiting any provision in the previous section, Allied Esports shall not be liable or be deemed to be in breach of these Terms for any failure to perform, or delay in performing, any of Allied Esports’ obligations in relation to the subscription boxes or other Allied Esports products if the delay or failure was due to any cause beyond Allied Esports’ reasonable control. Causes beyond Allied Esports’ reasonable control shall include, but not be limited to, acts of God, flood, explosion, natural catastrophe, storms, fire or accident, global pandemics (including Covid-19); war or threat of war, blockade, sabotage, insurrection, terrorism, riot or civil disturbance; acts, restrictions, regulations, laws, prohibitions or measures of any kind on the part of any governmental, international, federal, state or local authority; import or export regulations or embargoes; strikes or other industrial actions or trade disputes (whether involving employees of Allied Esports or a third party); problems in obtaining raw materials, labor, transportation, fuel, parts or machinery; and power failure, utility outages, or breakdown in machinery, including computer or other equipment failure. In the event of any such default or delay, the date for performance shall be extended for a period equal to the period during which such aforesaid cause, circumstance or contingency remains in effect.
Indemnification
You agree to indemnify, defend and hold Allied Esports, its officers, directors, employees, agents, licensors and suppliers harmless from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and costs, resulting from any violation of these Terms or any activity related to use of the Sites by anyone using your User Account or password.
Agreement
These Terms, together with the Privacy Policy and all other policies or documents referenced herein, constitute the entire agreement between you and Allied Esports concerning your use of the Sites, superseding any prior agreements between you and Allied Esports with respect to the Sites and subject matter hereof. These Terms shall be binding upon and inure to the benefit of the parties, their successors, and assigns. These Terms and your User Account may not be assigned with our express, prior written consent which may be withheld at Allied Esports’ sole discretion. Notices under these Terms shall be in writing and shall be deemed given when delivered by email to privacy@esportsallied.com or by mail to the address listed below:
Allied Esports International, Inc.
Attention: Legal Department
11035 Lavender Hill Drive, Suite 160 PMB 632
Las Vegas, Nevada 89135 USA
Applicable Law
These Terms and the relationship between you and Allied Esports shall be subject to the internal laws of the State of Nevada without giving effect to its principles on conflict of laws and shall be applied to any arbitration under these Terms.
Binding Arbitration; Class Action Waiver
Except for matters relating to the enforcement of Allied Esports’ intellectual property rights, all disputes, controversies, or claims arising out of or relating in any way to the Sites, your participation in any of the features available through them and/or your purchase of any products, content or services shall be finally resolved by as provided below. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE WITH ALLIED ESPORTS BEFORE A JUDGE OR JURY. The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. You and Allied Esports agree to arbitrate solely on an individual basis and expressly waive the ability to participate in a class or representative proceeding, including any class arbitration or representative arbitration proceedings. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the agreement to arbitrate will remain in force. To the extent that you or Allied Esports opts out of arbitration following the procedure set forth below, or if this arbitration agreement is found inapplicable to a dispute between us, you and Allied Esports expressly waive the ability to participate in any class or representative litigation.
If a dispute arises that is subject to arbitration, you must give Allied Esports written notice and an opportunity to resolve it. Your notice must include your name, your address, a written description of the dispute, and a specific description of the relief you are seeking. If Allied Esports does not resolve the dispute within forty-five (45) days after receiving your notice, you may pursue arbitration as below by sending a written demand for arbitration to Allied Esports at the address set forth above in "Copyright Claims."
Any dispute or claim that is subject to arbitration but is not resolved by the pre-arbitration dispute process, shall be submitted to binding arbitration. The disputes and claims subject to arbitration will be resolved by a single arbitrator mutually agreed upon by you and Allied Esports. If the parties cannot agree on an arbitrator, then an arbitrator shall be selected pursuant to Rule 12 of the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator shall be bound by and shall strictly enforce these Terms and any other applicable agreement between us, and may not limit, expand, or otherwise modify any such terms. The arbitrator may award any relief that a court of law could, applying the limitations of liability contained in these Terms. The arbitrator may award injunctive relief if permitted by law – but the injunctive relief awarded by the arbitrator may not extend beyond the dealings with one another. Any arbitration will be held in Las Vegas, Nevada, unless otherwise agreed upon by you and Allied Esports in writing. You and Allied Esports will each bear its own expenses in the arbitration and will share equally the costs of the arbitration; provided, however, that the arbitrator shall award costs and fees to the prevailing party if it is determined that the other party submitted a claim with no reasonable basis or filed any claim in bad faith.
You may opt out of the agreement to arbitrate by providing written notice of your intention to do so to Allied Esports at the address above no later than sixty (60) days after initial acceptance of these Terms. The procedure spelled out herein is the only way to opt out of arbitration, and any attempts to opt out after the deadline set forth herein will be ineffective. Notwithstanding your decision to opt out of arbitration, you still waive the ability to participate in any class or representative litigation.
Because the Sites and these Terms concern interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of the arbitration rules (notwithstanding the application of Nevada law to any underlying claims as provided above). You agree the arbitration and other provisions of this section "Binding Arbitration; Class Action Waiver" survives any termination of these Terms.
Waiver; Severability; Survival
Any failure on the part of a party to these Terms to insist upon strict enforcement of any provision(s) of these Terms shall not be construed as a waiver of any provision or right. The Terms shall survive termination of your agreement with Allied Esports. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Last updated: March 24, 2022
Copyright © Allied Esports International, Inc.
PRIVACY POLICY
Last Updated: March 24, 2022
PLEASE READ THIS PRIVACY POLICY AND THE RELATED TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
This “Site” (as defined herein) is operated by Allied Esports International, Inc. and its respective subsidiaries, parents and affiliated companies (collectively, “Company”, “AEI” “us” or “we”). This privacy policy (“Privacy Policy”) applies to your use of our website located at www.epicbeast.io and any other online and mobile websites, blogs and interactive applications operated by Company that are related to www.epicbeast.io (collectively, the “Site”) (unless a different policy is provided on a particular site or application, in which case such different policy shall control) as well as your use of any software available on the Site (the “Software”). This Privacy Policy includes guidelines for protecting your information and, depending on your jurisdiction, describing your rights under applicable data protection laws. This Privacy Policy discloses what type of information is collected, the methods used to collect it, how Company utilizes the information to better serve all interested parties and the choices you have about the way your information is collected and used. Please read this Privacy Policy carefully. Your use of the Site indicates that you have read and acknowledge the handling of your information as outlined in this Privacy Policy and any other applicable terms. The Terms of Use at
www.alliedesports.gg/terms-of-use for this Site are incorporated herein by this reference. The information we collect is controlled by Allied Esports International, Inc., which has a mailing address at 11035 Lavender Hill Drive, Suite 160 PMB 632, Las Vegas, Nevada 89135 USA.
The Type of Information AEI Collects:
Although parts of our Site do not require you to have a user account and you can use them without submitting any “PII” (as defined below), some areas do require you to register and provide information that enables us to identify who you are. AEI generally collects PII with your specific knowledge and consent. For instance, when you enter a sweepstakes, complete a survey, make a purchase, subscribe to our newsletter or register for any portion of our services, you are asked to provide information (e.g., your e-mail address, name or phone number). Additional information such as your age is also requested and will be used to verify your eligibility to win sweepstakes. Other information, such as
gender, is requested. Providing us with PII about yourself is voluntary, and you can always choose not to provide certain information, but then you may not be able to take advantage of or participate in some of the Site’s features. For purposes of this Privacy Policy, personally identifiable information (“PII”) is personal information about an individual, such as a first and last name, phone number or email address or other individually identifiable information within the meaning of applicable law, including the Children’s Online Privacy Protection Act (“COPPA”) and the Federal Trade Commission’s Online Privacy Protection Rule found at 16 CFR 312.2.
For Younger Visitors and Their Parents:
The Site is not directed toward children (individuals under thirteen (13) years of age). We do not permit registration or use of the Site by anyone under the age of 18, and we do not knowingly collect PII from children under the age of 13. In particular, if you are under 13 years of age (or under the age of 16 if you reside in the European Union), you should not provide any PII to any site on the Internet without the knowledge and permission of your parent or guardian. If Company discovers that a person under the age of 13 has provided Company with any PII, Company will delete such person’s PII from its system as required under COPPA.
How AEI Uses the Information You Provide:
AEI uses this information to provide you with the service you have requested. If you subscribe to our newsletter, we will use your e-mail address to send you a confirmation notice and your e-mail address to send you your newsletter. Similarly, if you enter online sweepstakes, we will use this information to notify you if you are a winner. We also use the information to communicate with you about new features, products or services, or to improve the services that we offer by tailoring them to your needs. From time to time, AEI may share e-mail addresses and sell or share all other information with our affiliates and with carefully selected companies who we think can offer you services and products of interest to you. If you no longer wish to have your information shared, write to us at https://www.alliedesports.gg/privacypolicy. If you do not wish to receive communications from us, you may opt-out at any time, by following the unsubscribe instructions contained within the e-mail, or write to https://www.alliedesports.gg/privacy-policy.
We also allow access to our database by third parties that provide us with services, such as technical maintenance or forums software, but only for the purpose of and to the extent necessary to provide those services. And if you choose to purchase items through features on our Site, we may forward your information to third parties for services such as credit card processing and order fulfillment. There are also times when you provide information about yourself to us in areas of the Site that are managed or participated in by third parties, such as our featured partners. In such cases, the information will be used by us and by such third party(ies), each pursuant to its own policies. In certain circumstances, consistent with applicable law, we also provide your information to our advertisers, so that they can serve ads to you that meet your needs or match your interests. While AEI will seek to require such third parties to follow appropriate privacy policies, AEI does not bear any responsibility for any actions or policies of third parties. Please note that third parties may collect information about your online activities over time and across different websites when you use the Site. There may also be occasions when we are legally required to provide access to our database in order to cooperate with governmental agency investigations or other legal proceedings. In those instances, the information is provided only for that purpose.
In addition, we reserve the right to disclose, share and/or otherwise transfer user information, including without limitation PII and account information, in connection with a corporate merger, acquisition, consolidation, the sale of a portion of our business or the sale of substantially all of Company’s assets, or other fundamental corporate change, whatever form it may take. For clarification and the removal of doubt, Company specifically reserves the right to transfer or share a copy of PII collected pursuant to this Privacy Policy from this Site, off-line or otherwise, to the buyer of that portion of its business relating to that information.
Third Party Sites Connections:
AEI may offer you the possibility to connect your accounts from third-party sites, such as Facebook and Twitter (each, a “Third Party Site”), with the Site by an application programming interface (API) or other software. By allowing AEI to connect with your accounts on such Third Party Sites, you consent to AEI’s accessing the information in those accounts, which information may include PII. You likewise consent to AEI’s publishing on the Site any such information or actions you take on other such Third Party Sites. Any information accessed or published on the Site from your account on a Third Party Site is subject to AEI’s Terms of Use. It is your choice whether to use any such Third Party Site, and you understand that in some instances such Third Party Sites may request to access and publish information about you or your friends that is included in your AEI account.
Non-Personally Identifiable Information:
When your computer or mobile device contacts our web servers (for example, when you visit this Site or view an HTML e-mail), our web servers automatically collect usage information. Such usage information includes information about how our visitors use and navigate our Site. It can include the number and frequency of visitors to each web page and the length of their stays, browser type, referrer data that identifies the web page visited prior and subsequent to visiting our Site, and IP addresses (see below for more information on IP addresses). We also may determine the applicable technology available in order to serve you the most appropriate version of a web page, e-mail, advertising or promotional announcement or similar service. This information is used to analyze and improve this Site and to provide you with a more fulfilling and relevant experience. For example, we use personal data for analytical purposes when we track live events and which players came in what place. We also use personal data to track who is our “Player of the Year” based on how many titles that player has won, how many AEIS final tables they made, how many times they cashed in a tournament, and their total amount of AEI earnings. We use aggregate data to track Site usage, live event participation, demographic data to see where users are coming from.
Browser Cookies
Like many websites, we use browser “cookies”. Cookies are a website’s way of remembering who you are. A cookie is a small text file that is stored on your computer’s hard drive or stored temporarily in your computer’s memory. There are two kinds of cookies: those that are “session” oriented and those that are “persistent”. Session cookies delete from your computer when you close your browser. Persistent cookies retain information for later use tomorrow, next week, next month, or whenever they are set to expire. We use cookies to help us to identify account holders and to optimize their experience on our Site. Also, we will use cookies to monitor and maintain information about your use of this Site. Most web browsers accept cookies automatically. You can delete cookies manually or set your browser to automatically delete cookies on a pre-determined schedule. For example, in the Internet Explorer menu bar, select: Tools [Symbol]Internet Options[Symbol]Browsing History[Symbol]Delete to view manual and automatic options. If you decline to accept cookies, you may not be able to take advantage of or participate in certain features of this Site.
Flash Cookies
Our Site enables the use of the Adobe Flash Player. Adobe’s Flash Player is a commonly used software use by websites that offer video and other interactive content. By default, your use of the Adobe Flash Player generates “flash cookies” (also known as “persistent identification elements” or “local shared objects”). Adobe provides a short disclosure about Flash Cookies in its End User License Agreement, stating “Use of the web players, specifically the Flash Player, will enable the Software to store certain user settings as a local shared object on our computer. These settings are not associated with you but allow you to configure certain settings within the Flash Player.” The Adobe Flash Player (and similar applications) use flash cookies to remember user settings, preferences and usage similar to the browser cookies referenced above, but flash cookies can store more information than browser cookies and are managed through a different interface than the one provided by your web browser. You can control the degree to which you accept flash cookies by accessing your Adobe Flash Player management tools directly through the settings manager for Adobe Flash, located at
http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_ manager.html. If you do not allow flash cookies to take any disc space on your computer, you may not be able to take advantage of or participate in certain features on the Site. Users with a computer running the Windows operating system can view flash cookie files in this folder: \Documents and
Settings\[username]\Application Data\Macromedia\Flash Player. Users with a computer running the Apple operating system can view flash cookie files in this folder: /users/[username]/Library/Preferences/macromedia/Flash Player. Flash cookies, or LSO files are stored typically with an “.SOL” extension.
The Site may use HTML5 code to monitor your response to advertising and other activities to be across websites and such information stored on your computer or mobile device. Technology solutions that allow users to opt-out of or block this sort of tracking are being developed through browser add-ons and other tools. However, please note that we do not process or comply with any browser’s “do not track” signal or other mechanism that indicates a request to disable online tracking.
Web Beacons
Our web pages or e-mail messages may contain a small graphic image called a web beacon, which is sometimes also called a "clear gif", that allows us to monitor and collect certain limited information about our users, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed. Web beacons can be very small or invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including HTML based content, can act as a web beacon. We may use web beacons to count visitors to our web pages or to monitor how our users navigate our Site, and we may include web beacons in e-mail messages in order to count how many of the messages we sent were actually opened or acted upon. We use web beacons to compile aggregate statistics about our Site and our marketing campaigns.
Use Of IP Addresses
An IP address is a number that is assigned to your computer or network when you are linked to the Internet. When you request pages from this Site, our servers log your IP address. We may use IP address for a number of purposes, such as system administration, to report aggregate information to our business partners or to audit the use of the Site. We may associate your IP address with the PII you provide.
We also may collect and store information about you that we receive from other sources to enable us to update and correct the information contained in our database and to provide product recommendations and special offers that we think will interest you.
Document Retention:
We retain your PII for as long as necessary to provide you with our products and services, and as long as we are required legally to retain any such data. If you have a user account, we retain that information until you elect to close your user account. For as long as we have your PII, we will continue to protect the privacy and security of such PII consistent with this Privacy Policy.
Data Security:
AEI uses all possible efforts to ensure the safety of your personal data and PII, including reasonable physical, administrative, and technical safeguards. We restrict access to your PII to our authorized personnel and/or third-party providers as appropriate and necessary to provide our Site, the products and services, and/or maintain your user account.
No website, internet transmission, computer system or wireless connection is completely secure. AEI cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the Site and the Software is at your own risk. AEI urges you to take steps to keep your information safe by memorizing your password or keeping it in a safe place (separate from your account information), logging out of your account, and closing your web browser. In order to help us protect your personal data and PII further, you should be careful about providing your password to others.
Whenever you give AEI sensitive or confidential information, AEI will take commercially reasonable steps to protect the information by establishing a secure connection with your web browser. AEI uses the Security Socket Layer (“SSL”), an industry standard security protocol for encrypting sensitive
information. Unfortunately, no security measures are perfect or impenetrable and data transmission over the Internet cannot be guaranteed 100% secure. We cannot and do not ensure or warrant the security of any information you transmit to AEI, and you do so at your own risk.
External Links:
Company may contain links to, or advertisements about, third party websites. Other sites may also reference, advertise, or link to the Site. Company does not endorse or sponsor other websites, is not responsible for the privacy practices or the content of third party sites, expressly disclaims any statements or assertions made on such websites, and denies all liability associated with your use of, and the content on, such other websites and advertisements. Please be advised that the practices described in this Privacy Policy do not apply to information gathered through other websites. We encourage you to be aware of when you leave this Site and to read the privacy policies of each and every website that you visit.
Consent to Processing in the United States:
This Site is operated in the United States. By providing any information to Company, all users, including, without limitation, users in the member states of the European Union, Canada or elsewhere outside of the United States, fully understand and unambiguously consent to this Privacy Policy. By using our Site, participating in any of our services and/or providing us with your information, you consent and agree to the collection, transfer, storage and processing of your information to and in the United States.
PII is processed according to the provisions of this Privacy Policy and the requirements of applicable law wherever the data is located. If you are located outside of the United States, please be aware that data protection laws in the United States may differ from those of the country in which you are located, and your PII can be subject to access requests from governments, courts, or law enforcement in the United States in accordance with and subject to the laws of the United States.
International Transfers:
PII collected on the Site may be stored and processed in any country in which we or our , suppliers, or agents maintain facilities. The storage location(s) are chosen in order to operate efficiently, to improve performance, and to create redundancies in order to protect the data in the event of a server outage or security incident. By using the Site, you expressly consent to any transfer of information outside of your country. Where PII that we collect is transferred to and processed in the United States or anywhere else outside the European Economic Area (“EEA”) for the purposes described in this policy, we will take steps to ensure that the information receives the same level of protection as if it remained within the EEA, including entering into data transfer agreements, using the EU Commission approved Standard Contractual Clauses, or by relying on certification schemes such as the EU - US Privacy Shield. You may have a right to details of the mechanisms under which your data is transferred outside the EEA.
Your Rights:
Certain tools and settings are provided on the Site to help you access, correct, delete, or modify your PII. Additionally, you may opt out of any future contact from us at any time. Depending on where you live, you may have certain legal rights under applicable law. For example, you may have the following rights:
Right to limit – means you can ask us to restrict or stop processing your PII, if it not necessary for the purpose you provided it to us.
Right to access – means you can ask us for a copy of any PII we have about you, if any.
Right to correct – means you may ask us to change and/or correct any PII we have about you.
Right to delete – means you may ask us to delete any PII we have about you, and we will be happy to do so unless we are required to retain such information by law or regulation, or we have a right to retain subject to a user agreement for our internal business purposes.
Right to transfer – means you may request a copy of your PII, in a commonly used and machine-readable format, be provided to you or to a third party you specify.
You may contact us at any time about any of these rights, or any concern or question you have about our use of your PII or the information we have collected about you, including the nature and accuracy of the data collected about you, to request an update, modification, or deletion of your information, to opt-out of certain services, or to withdraw any consent you may have granted.
Please note that if you choose to delete your information or opt-out of the collection and use of your information, certain features on the Site may no longer be available to you.
Notice to California Residents/Your California Privacy Rights
California residents are entitled once a year to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes during the immediately prior calendar year (e.g., requests made in 2018 will receive information about 2017 sharing activities). As set forth in this Privacy Policy, we comply with this law by offering our visitors the ability to tell us not to share your personally identifiable information with third parties for their direct marketing purposes. To make such a request, consistently exercise your opt-out choice whenever you provide PII to us or send us a message at privacy@esportsallied.com. You must include this Site as the subject line, and your full name, e-mail address, and postal address in your message.
We may allow third-party companies to serve ads and/or collect certain anonymous information when you visit our Site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other web sites in order to provide advertisements about goods and services likely to be of interest to you. These companies typically use a cookie or third party web beacon to collect this information. Our Site does not recognize browser “Do Not Track” signals but several of our service providers who utilize these cookies or beacons on our web sites enable you to opt out of this behavioral advertising. To learn more about how to opt out of the behavioral advertising conducted by these providers you can visit http://www.networkadvertising.org/.
Nevada Resident Opt-Out Rights:
Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to privacy@esportsallied.com.
Your legal rights
Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, you have certain rights in relation to your PII:
Right to access PII
You have a right to request that we provide you with a copy of your PII that we hold, and you have the right to be informed of; (a) the source of your PII; (b) the purposes, legal basis and methods of processing; (c) the data controller’s identity; and (d) the entities or categories of entities to whom your PII may be transferred.
Right to rectify or erase PII
You have a right to request that we rectify inaccurate PII. We may seek to verify the accuracy of the PII before rectifying it.
You can also request that we erase your PII in limited circumstances where:
• it is no longer needed for the purposes for which it was collected; or
• you have withdrawn your consent (where the data processing was based on consent); or
• following a successful right to object (see Right to Object below); or
• it has been processed unlawfully; or
• to comply with a legal obligation to which we are subject.
We are not required to comply with your request to erase PII if the processing of your PII is necessary:
• for compliance with a legal obligation; or
• for the establishment, exercise or defense of legal claims
Right to restrict the processing of your PII
You can ask us to restrict your PII, but only where:
• its accuracy is contested, to allow us to verify its accuracy; or
• the processing is unlawful, but you do not want it erased; or
• it is no longer needed for the purposes for which it was collected, but we still need it to establish, exercise or defend legal claims; or
• you have exercised the right to object, and verification of overriding grounds is pending.
We can continue to use your PII following a request for restriction, where:
• we have your consent; or
• to establish, exercise or defend legal claims; or
• to protect the rights of another natural or legal person.
Right to transfer your PII
You can ask us to provide your PII to you in a structured, commonly used, machinereadable format, or you can ask to have it transferred directly to another data controller, but in each case only where:
• the processing is based on your consent or on the performance of a contract with you; and
• the processing is carried out by automated means.
Right to object to the processing of your PII
You can object to any processing of your PII which has our legitimate interests as its legal basis if you believe your fundamental rights and freedoms outweigh our legitimate interests.
If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms.
Right to object to how we use your PII for direct marketing purposes
You can request that we change the manner in which we contact you for marketing purposes.
You can request that we not transfer your PII to unaffiliated third parties for the purposes of direct marketing or any other purposes.
If you would like us to stop sending promotional communications to your email address, you may opt out of receiving them by following the "unsubscribe" instructions at the bottom of each communication.
You may opt out of the use of your information for online interest-based advertising by following the steps detailed above in the section titled “How AEI uses the information you provide”.
Right to obtain a copy of personal PII safeguards used for transfers outside your jurisdiction
You can ask to obtain a copy of, or reference to, the safeguards under which your personal information is transferred outside of the EEA.
We may redact data transfer agreements to protect commercial terms.
Right to lodge a complaint with your local supervisory authority
You have a right to lodge a complaint with your local supervisory authority if you have concerns about how we are processing your PII.
We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.
If you would like to exercise any of the rights described above, please send us a request at privacy@esportsallied.com. In your message, please indicate the right you would like to exercise and the information that you would like to access, review, correct, or delete.
We may ask you for additional information to confirm your identity and for security purposes, before disclosing the personal information requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.
You can exercise your rights by emailing us at privacy@esportsallied.com. Subject to legal and other permissible considerations, we will make reasonable efforts to honor your request promptly or inform you if we require further information in order to fulfil your request.
We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.
Revisions to Privacy Policy:
We reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of this Privacy Policy, in whole or in part, at any time. When we amend this Privacy Policy, we will revise the “last updated” date located at the top of this Privacy Policy. For changes to this Privacy Policy that we consider to be material, we will place a notice on the Site’s home page and Company website located at www.alliedesport.gg stating “Updated Privacy Policy” for a reasonable amount of time after the updated Privacy Policy has been posted. If you provide information to us or access or use the Site in any way after this Privacy Policy has been changed, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of this Privacy Policy will be available on the Site and will supersede all previous versions of this Privacy Policy.
Choice of Law:
This Privacy Policy, including all revisions and amendments thereto, is governed by the internal laws of the State of Nevada, without regard to its conflict or choice of law principles which would require application of the laws of another jurisdiction.
Contact Us:
If you have concerns or questions about any aspect of this Policy, you may e-mail our Privacy Policy Coordinator at privacy@esportsallied.com. We welcome your feedback. You can also send us regular mail at the following address:
Privacy Administrator
Allied Esports International, Inc.
11035 Lavender Hill Drive, Suite 160 PMB 632
Las Vegas, Nevada 89135 USA